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Ms. Lewinsky testified that, after being served with the subpoena, she "burst into tears," and then telephoned Mr. Jordan from a pay phone at the Pentagon.(799) Mr. Jordan confirmed Ms. Lewinsky's account; he said he tried to reassure Ms. Lewinsky: "[C]ome and talk to me and I will see what I can do about finding you counsel."(800) According to records maintained by Mr. Jordan's law firm, Ms. Lewinsky arrived at his office at 4:47 p.m.(801) White House phone records show that, at 4:57 p.m., the President telephoned Mr. Jordan; the two men spoke from 5:01 p.m. to 5:05 p.m.(802) At 5:06 p.m., Mr. Jordan placed a two-minute call to a Washington, D.C., attorney named Francis Carter.(803) Ms. Lewinsky and Mr. Jordan gave somewhat different accounts of their meeting that day. According to Ms. Lewinsky, shortly after her arrival, Mr. Jordan received a phone call, and she stepped out of his office. A few minutes later, Ms. Lewinsky was invited back in, and Mr. Jordan called Mr. Carter.(804) Mr. Jordan testified that he spoke to the President before Ms. Lewinsky ever entered his office.(805) He told the President: "Monica Lewinsky called me up. She's upset. She's gotten a subpoena. She is coming to see me about this subpoena. I'm confident that she needs a lawyer, and I will try to get her a lawyer."(806) Mr. Jordan told the President that the lawyer he had in mind was Francis Carter.(807) According to Mr. Jordan, the President asked him: "You think he's a good lawyer?" Mr. Jordan responded that he was.(808) Mr. Jordan testified that informing the President of Ms. Lewinsky's subpoena "was the purpose of [his] call."(809) According to Mr. Jordan, when Ms. Lewinsky entered his office, "[H]er emotional state was obviously one of dishevelment and she was quite upset. She was crying. She was -- she was highly emotional, to say the least."(810) She showed him the subpoena as soon as she entered.(811) Ms. Lewinsky also testified that she discussed the subpoena with Mr. Jordan.(812) She told him that she found the specific reference to a hat pin alarming -- how could the Jones's attorneys have known about it?(813) Mr. Jordan told her it was "a standard subpoena."(814) When he indicated to Ms. Lewinsky that he would be seeing the President that night, Ms. Lewinsky told him "to please make sure that he told the President" about her subpoena.(815) At some point, according to Mr. Jordan, Ms. Lewinsky asked him about the future of the Clintons' marriage.(816) Because Ms. Lewinsky seemed "mesmerized" by President Clinton,(817) he "asked her directly had there been any sexual relationship between [her] and the President."(818) Mr. Jordan explained, "You didn't have to be Einstein to know that that was a question that had to be asked by me at that particular time, because heretofore this discussion was about a job. The subpoena changed the circumstances."(819) Ms. Lewinsky said she had not had a sexual relationship with the President.(820) Ms. Lewinsky testified, however, that at this time she assumed that Mr. Jordan knew "with a wink and a nod that [she] was having a relationship with the President."(821) She therefore interpreted Mr. Jordan's questions as "What are you going to say?" rather than "What are the [actual] answers . . .?"(822) When the meeting ended, she "asked [Mr. Jordan] if he would give the President a hug."(823) That evening, Mr. Jordan visited the President at the White House. According to Mr. Jordan, the two met alone in the Residence and talked for about ten minutes.(824) He testified: I told him that Monica Lewinsky had been subpoenaed,
came to me with a subpoena. I told him that I was
concerned by her fascination, her being taken with him.
I told him how emotional she was about having gotten
the subpoena. I told him what she said to me about
whether or not he was going to leave the First Lady at
the end of the term.(825)
Mr. Jordan asked the President "[t]he one question that I wanted answered."(826) That question was, "Mr. President, have you had sexual relations with Monica Lewinsky?" The President told Mr. Jordan, "No, never."(827) Mr. Jordan told the President: "I'm trying to help her get a job and I'm going to continue to do that. I'm going to get her counsel and I'm going to try to be helpful to her as much as I possibly can, both with the lawyer, and I've already done what I could about the job, and I think you ought to know that."(828) Mr. Jordan testified: "He thanked me for telling him. Thanked me for my efforts to get her a job and thanked me for getting her a lawyer."(829) In his grand jury testimony, the President recalled that he met with Mr. Jordan on December 19; however, he testified that his memory of that meeting was somewhat vague: I do not remember exactly what the nature of
the conversation was. I do remember that I
told him that there was no sexual
relationship between me and Monica Lewinsky,
which was true. And that -- then all I
remember for the rest is that he said he had
referred her to a lawyer, and I believe it
was Mr. Carter.(830)
Asked whether he recalled that Mr. Jordan told him that Ms.
Lewinsky appeared fixated on him and hoped that he would leave
Mrs. Clinton, the President testified: "I recall him saying he
thought that she was upset with -- somewhat fixated on me, that
she acknowledged that she was not having a sexual relationship
with me, and that she did not want to be [brought] into that
Jones lawsuit."(831)
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Mr. Jordan arranged for Ms. Lewinsky to meet with attorney Francis Carter at 11:00 a.m. on Monday, December 22.(832) On that morning, according to Ms. Lewinsky, she called Mr. Jordan and asked to meet before they went to Mr. Carter's office.(833) She testified: "I was a little concerned. I thought maybe [Mr. Jordan] didn't really understand . . . what it was that was happening here with me being subpoenaed and what this really meant."(834) She also wanted to find out whether he had in fact told the President of her subpoena. Mr. Jordan said that he had.(835) Ms. Lewinsky also told Mr. Jordan that she was worried that someone might have been eavesdropping on her telephone conversations with the President.(836) When Mr. Jordan asked why she thought that would be of concern, Ms. Lewinsky said, "Well, we've had phone sex."(837) Ms. Lewinsky testified that she brought some of her gifts from the President, showed them to Mr. Jordan, and implied that these items were not all of the gifts that the President had given her.(838) Mr. Jordan, in contrast, testified that Ms. Lewinsky never showed him any gifts from the President.(839) C. December 22: First Meeting with Francis Carter
Mr. Jordan drove Ms. Lewinsky to Mr. Carter's office.(840)
There, he introduced Ms. Lewinsky to Mr. Carter, explaining that
she needed not only a lawyer but a "counselor."(841) Mr. Carter
testified that, after the initial referral, he expected to have
no further contact with Mr. Jordan about Ms. Lewinsky or her
case.(842)
Mr. Carter and Ms. Lewinsky then met for approximately an
hour.(843) She explained that she did not want to be drawn into the
Jones case and would strongly prefer not to be deposed.(844) He
said that he would try to persuade Paula Jones's attorneys not to
depose her.(845) Ms. Lewinsky testified that she suggested filing
an affidavit to avert a deposition.(846)
According to Ms. Lewinsky, she asked Mr. Carter to get in
touch with the President's personal attorney, Robert Bennett,
just "to let him know that I had been subpoenaed in this case."(847)
She wanted to make clear that she was "align[ing] [her]self with
the President's side."(848) Mr. Carter testified that, while Ms.
Lewinsky was in his office, he placed a call to Mr. Bennett to
arrange a meeting.(849)
On the morning of Tuesday, December 23, Mr. Carter met for
an hour with two of the President's personal attorneys, Mr.
Bennett and Katherine Sexton.(850) The President's attorneys told
Mr. Carter that other witnesses had filed motions to quash their
subpoenas, and they offered legal research to support such a
motion.(851)
D. December 23: Clinton Denials to Paula Jones
Throughout the sexual harassment case, Ms. Jones's attorneys
attempted to obtain information about President Clinton's sexual
relationships with any woman other than his wife. On December
11, 1997, the judge overseeing the Jones case, Susan Webber
Wright, ruled that the President had to answer a written
interrogatory naming every state and federal employee since 1986
with whom he had sexual relations or with whom he had proposed to
have sexual relations. On December 23, 1997, the President
answered the interrogatory: "None."(852)
E. December 28: Final Meeting with the President
A day or two after Christmas, Ms. Lewinsky called Ms. Currie
and told her that the President had mentioned that he had
presents for her.(853) Ms. Currie called back and told her to come
to the White House at 8:30 a.m. on Sunday, December 28.(854)
That morning, Ms. Lewinsky met with the President in the
Oval Office. WAVES records reflect that the visit was requested
by Ms. Currie and that Ms. Lewinsky entered the White House at
8:16 a.m.(855)
After she arrived at the Oval Office, she, the President,
and Ms. Currie played with Buddy, the President's dog, and
chatted. Then, the President took her to the study and gave her
several Christmas presents: a marble bear's head, a Rockettes
blanket, a Black Dog stuffed animal, a small box of chocolates, a
pair of joke sunglasses, and a pin with a New York skyline on
it.(856)
Ms. Lewinsky testified that, during this visit, she and the
President had a "passionate" and "physically intimate" kiss.(857)
Ms. Lewinsky and the President also talked about the Jones
case.(858) In Ms. Lewinsky's account, she asked the President "how
he thought [she] got put on the witness list."(859) He speculated
that Linda Tripp or one of the uniformed Secret Service officers
had told the Jones attorneys about her.(860) When Ms. Lewinsky
mentioned her anxiety about the subpoena's reference to a hat
pin, he said "that sort of bothered [him], too."(861) He asked
whether she had told anyone about the hat pin, and she assured
him that she had not.(862)
At some point in the conversation, Ms. Lewinsky told the
President, "[M]aybe I should put the gifts away outside my house
somewhere or give them to someone, maybe Betty."(863) Ms. Lewinsky
recalled that the President responded either "I don't know" or
"Let me think about that."(864)
When Ms. Lewinsky was asked whether she thought it odd for
the President to give her gifts under the circumstances (with a
subpoena requiring the production of all his gifts), she
testified that she did not think of it at the time, but she did
note some hesitancy on the President's part:
[H]e had hesitated very briefly right before I left that day
in kind of packaging . . . all my stuff back up . . . I
don't think he said anything that indicated this to me, but
I thought to myself, "I wonder if he's thinking he shouldn't
give these to me to take out." But he did.(865)
When asked in the Jones deposition about his last meeting
with Ms. Lewinsky, the President remembered only that she stopped
by "[p]robably sometime before Christmas" and he "stuck [his]
head out [of the office], said hello to her."(866) The deposition
occurred three weeks after this December 28 meeting with Ms.
Lewinsky.
In the grand jury, the President acknowledged "talking with
Ms. Lewinsky about her testimony, or about the prospect that she
might have to give testimony. And she, she talked to me about
that."(867) He maintained, however, that they did not discuss Ms.
Lewinsky's subpoena: "[S]he was upset. She -- well, she -- we -- she didn't -- we didn't talk about a subpoena. But she was
upset."(868) In the President's recollection, Ms. Lewinsky said she
knew nothing about sexual harassment; why did she have to
testify? According to the President, "I explained to her that it
was a political lawsuit. They wanted to get whatever they could
under oath that was damaging to me."(869)
Ms. Lewinsky's friend, Catherine Allday Davis, testified
about a conversation with Ms. Lewinsky on January 3, 1998. Ms.
Lewinsky told Ms. Davis that she had met with the President and
discussed the Jones case a few days earlier. Ms. Davis testified
that Ms. Lewinsky and the President had "noted [that] there was
no evidence" of their relationship.(870)
E. December 28: Concealment of Gifts
In the afternoon of December 28, a few hours after Ms.
Lewinsky's White House visit, Ms. Currie drove to Ms. Lewinsky's
Watergate apartment and collected a box containing the
President's gifts. Ms. Currie then took the box home and hid it
under her bed. Ms. Lewinsky, Ms. Currie, and the President were
all questioned as to why Ms. Currie retrieved the box of gifts
from Ms. Lewinsky.
According to Ms. Lewinsky, the transfer originated in a
phone call from Ms. Currie that afternoon. Ms. Lewinsky
testified that Ms. Currie said, "I understand you have something
to give me," or, "The President said you have something to give
me."(871) Ms. Lewinsky understood that Ms. Currie was alluding to
the gifts.(872) Ms. Currie said that she would stop by Ms.
Lewinsky's apartment and pick up the items.(873) Ms. Lewinsky
testified that she put many, but not all, of her gifts from the
President into a box. Ms. Currie drove by her apartment and
picked it up.(874)
Ms. Lewinsky was concerned because the gifts were under
subpoena; she did not throw them away, however, because "they
meant a lot to [her]."(875) The reason she gave the gifts to Ms.
Currie, and not to one of her friends or her mother, was "a
little bit of an assurance to the President . . . that everything
was okay."(876) She felt that, because the gifts were with Ms.
Currie, they were within the President's control: "Not that [the
gifts] were going to be in his possession, but that he would
understand whatever it was I gave to Betty and that that might
make him feel a little bit better."(877)
Ms. Lewinsky's account of the events of December 28 in her
sworn statement of February 1, 1998, corroborates her later grand
jury testimony:
"Ms. L . . . asked if she should put away
(outside her home) the gifts he had given her
or, maybe, give them to someone else. Ms.
Currie called Ms. L later that afternoon as
said that the Pres. had told her Ms. L.
wanted her to hold onto something for her.
Ms. L boxed up most of the gifts she had
received and gave them to Ms. Currie. It is
unknown if Ms. Currie knew the contents of
the box."(878)
Ms. Currie's testimony was somewhat at odds with Ms.
Lewinsky's. Though her overall recollection was hazy, Ms. Currie
believed that Ms. Lewinsky had called her and raised the idea of
the gifts transfer.(879) Ms. Currie was asked about the President's
involvement in the transfer:
Q: And did the President know you were holding these
things for Monica?
BC: I don't know. I don't know.
Q: Didn't he say to you that Monica had something for you
to hold?
BC: I don't remember that. I don't.
Q: Did you ever talk to the President and tell him you had
this box from Monica?
BC: I don't remember that either.
Q: Do you think it happened, though?
BC: I don't know. I don't know.(880)
When asked whether a statement by Ms. Lewinsky indicating that
Ms. Currie had in fact spoken to the President about the gift
transfer would be false, Ms. Currie replied: "Then she may
remember better than I. I don't remember."(881)
According to Ms. Currie, Ms. Lewinsky said that she was
uncomfortable retaining the gifts herself because "people were
asking questions" about them.(882) Ms. Currie said she drove to Ms.
Lewinsky's residence after work, collected the box, brought it
home, and put it under her bed.(883) Written on the top of the box
were the words "Please do not throw away!!!"(884) Ms. Currie
testified that she knew that the box contained gifts from the
President.(885)
For his part, the President testified that he never asked
Ms. Currie to collect a box of gifts from Ms. Lewinsky.(886) He
said that he had no knowledge that Ms. Currie had held those
items "until that was made public."(887)
The President testified that he has no distinct recollection
of discussing the gifts with Ms. Lewinsky on December 28: "[M]y
memory is that on some day in December, and I'm sorry I don't
remember when it was, she said, well, what if they ask me about
the gifts you have given me. And I said, well, if you get a
request to produce those, you have to give them whatever you
have."(888)
D. December 31: Breakfast with Vernon Jordan
Ms. Lewinsky testified that in late December 1997 she
realized that she needed to "come up with some sort of strategy
as to [what to do] if Linda Tripp" divulged what she knew.(889) On
December 30, Ms. Lewinsky telephoned Mr. Jordan's office and
conveyed either directly to him or through one of his secretaries
that she was concernedabout the Jones case.(890)
The following day, Ms. Lewinsky and Mr. Jordan had breakfast
together at the Park Hyatt Hotel.(891) According to Ms. Lewinsky,
she told Mr. Jordan that a friend of hers, Linda Tripp, was
involved in the Jones case. She told Mr. Jordan: "I used to
trust [Ms. Tripp], but I didn't trust her any more."(892) Ms.
Lewinsky said that Ms. Tripp might have seen some notes in her
apartment. Mr. Jordan asked: "Notes from the President to you?"
Ms. Lewinsky responded: "No, notes from me to the President."
According to Ms. Lewinsky, Mr. Jordan said: "Go home and make
sure they're not there." Ms. Lewinsky testified that she
understood that Mr. Jordan was advising her to "throw . . . away"
any copies or drafts of notes that she had sent to the
President.(893)
After breakfast, Mr. Jordan gave Ms. Lewinsky a ride back to
his office.(894) When Ms. Lewinsky returned home to her apartment
that day, she discarded approximately 50 draft notes to the
President.(895)
E. January 4: The Final Gift
On Sunday, January 4, 1998, Ms. Lewinsky called Ms. Currie
at home and told her that she wanted to drop off a gift for the
President.(896) Ms. Currie invited Ms. Lewinsky to her home, and
Ms. Lewinsky gave her the package.(897) The package contained a
book entitled The Presidents of the United States and a love note
inspired by the movie Titanic.(898)
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